Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • So here is where things stand at the moment (sorry it's a very long post!):   I moved into this property in November.  I contacted both my electric and gas suppliers to change address and get my accounts moved over.   Electric - I closed my old account from my previous address, opened a new account for this address, set up a direct debit and requested they become the supplier.  The only thing that was outstanding on the account was a discussion about tariffs.  On 21st November they tried to call me but I didn't answer (judging from the time I was probably driving home from work).  I received a payment from them at the end of November from my previous account (which I clearly didn't check as I thought it was money going out for my direct debit).  I incorrectly assumed the call was about tariffs, which tbh, I'm not really fussed about. Their request to become the supplier was rejected but they didn't follow up on it or try to contact me again.  So I, like an idiot, thought it was all sorted out.  It's only now that I've been through my account that I realise they haven't been taking payments. I have spoken to them since Friday and the above is what they have told me has happened.   Gas - I closed my old account and have been trying to get a new account opened since November.  I have had several discussions with them re: the change request being rejected and they didn't know why it was being rejected but to leave it with them.  They told me at the beginning of this month it would be done by the 21st January.  During this phone call they said I could call the current supplier to make sure it goes smoothly but that it wasn't essential as they expected it to be completed by the 21st.  Last week they sent me a final demand for my previous address.  I contacted them to raise a complaint as I thought they were at fault, as I expected it to have been changed as per the above.   I spoke to them on Saturday and have sorted out my final bill and they have advised me to open accounts with the current supplier, Spark, clear them and then I can switch. Interestingly they also told me that Spark went bust in 2018 and it is a company called Ovo who are on the national database as the gas supplier.   Spark - This is the company who changed the meters on Friday.  I have two letters (one for gas, one for electric) that were left with the smart meter they had plugged in in the kitchen, both addressed to the previous tenant.  I obviously did open these on Friday.  Both letters state that they had changed the meters to prepayment meters.  There are several boxes that list current debt, amount of credit on meters etc none of which are filled in.  They also state that a booklet has been left explaining how the smart meter works.  There was no booklet. When I contacted them on Friday they told me that I was in fact on credit meters (I don't know if they changed this remotely when they realised I wasn't the person with the debt).  They also told me they had every right to enter the property and aren't able to check every time who the current occupant is and I should have told them I'd moved in.  I was told that someone would call me at 1pm on Saturday to discuss my complaint, thus far no one has called me.   I spoke with citizen's advice yesterday who really weren't much help tbh.  They said I should have contacted the current supplier when I moved in and provided a copy of my tenancy agreement.  I've moved A LOT over the years and have never had to do this.  I have checked several energy supplier websites and they all state to switch to them or move home simply to contact them and they will basically do the rest, not one of them states that you need to call the current supplier... obviously, on reflection I really wish I had!   My letting agent/landlord have requested that I take any post for the previous tenant to them and they will return it.  They also want confirmation of what type of meter (prepayment or credit) is now in the house.  The locks were changed when I moved in so only myself, the letting agent and the landlord have a key.  None of us let them in on Friday.     My next step is to open accounts with Spark/Ovo, clear the balances since November and then change suppliers.    All of the above have advised me to follow Spark's complaint procedure which I will do but as I said above they haven't contacted me so far re: the complaint I made on Friday.   Should I also contact Marston's to raise a complaint with them?   Whilst in all of this I do appreciate I could have done a fair bit to have made my life easier and probably prevented this happening (hindsight is wonderful!) my main complaint is that neither Spark nor Marston's felt they needed to perform a very simple check and see who actually lives in the property before breaking in.  I cannot for the life of me see how this is acceptable or legal.  Whilst they had the legal right and a warrant to enter the previous tenant's property as far as I am concerned they had no right to enter mine.    
    • I am in the process of looking on the land registry and it's showing on there alongside Lloyds bank,am going to look at deeds aswell  
    • Just a note that these appeal Trade Associations, are bodies these fleecers belong to so they are allowed to operate, appeals almost always fail, and by appealing important protections under POFA are lost as the appeal almost always identifies the driver.  Irrelevant in your case as you own the space, and the PPC have no rights in law over it.  POPLA appeal could also fail as POPLA wouldn't look at primacy of contract and the fact you own the space so can tell the PPC to Foxtrot Oscar. Whole Private Parking Industry is a money machine for unscrupulous ex cowboy clampers.
    • If you have insufficient evidence to support the claim, it is very difficult.   No point going to any Personal Injury Solicitors, as they are going to ask you questions to determine how easy it is to win compensation and for them to earn money.    Given lack of evidence and that you are unlikely to receive help from those who just seek to earn from the incidents, I can only suggest that you write to the HR Director/Manager to make a complaint. Do not say anything about looking to take them to Court for personal injury.  Stick to the facts about what happened and the way it was dealt with.  Ask for copies of the incident/accident report forms that should have been completed by the line manager responsible.
    • My point was that the fear being generated is disproportionate to the current threat. Initial under reporting of cases gave an inflated picture of the percentage death rate and images of cities in lockdown do look like a disaster movie so I understand why. This article is worth a read for some perspective. https://www.theguardian.com/science/2020/jan/27/what-is-coronavirus-symptoms-sars-china-wuhan          
  • Our picks

rughead121

Lowell/Carter claim form for cap1 debt SB'd since 2002, charges/PPI **DISCONTINUED**

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2234 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Caggers,

 

I could really use some advice please.

 

This is a bit long winded but I don't want to leave anything out.

 

I had a capital One CC back in 2001 with a balance of £250 outstanding.

 

My newborn son was in Hospital for a few months

and during this time I was obviously spending all my time in the hospital and not working.

 

I tried to claim on the PPI insurance that I had with them and they told me that I wasn't covered

so in a rage I told them to stick their card

and sue me if they thought they were going to get another penny out of me.

 

they defaulted me and added loads of charges (as they do).

 

A few months later I decided that I had better try to sort it all out

and contacted them and agreed monthly repayments.

 

I made 1 payment of the agreed amount (£10) and the next month

they took double the amount from my bank so I cancelled it.

 

They were still adding monthly charges of more than I was paying s

o I would have never paid it off.

 

so I just stopped talking to them and burned all the paperwork I had.

 

I realise how stupid that was now but I was pretty depressed at the time with a 6 month old baby in hospital in heart failure,

no money and those snakes taking my petrol money so I couldn't travel to the hospital.

 

Just to be clear this all happened between June 2001 and March 2002.

 

I haven't spoken or written to them since and

the debt has done the rounds through different DCA's

until it's ended up with Lowlife with an outstanding balance of £1001.80

 

After finding this wonderful site I have slowly begun to build up the courage to deal with this.

 

on the 5th December I had a pretty standard threat o gram from Hamptons Legal on behalf of Lowell

which I decided to reply to with the bog standard prove it letter.

 

Shockingly (ok it isnt a shock)

Lowlife have ignored my prove it letter

and sent another threat o gram saying they will be sent to Fredrickson blah blah.

 

should I send another prove it letter or go for the SB letter?

 

I am positive I never had a letter of assignment from lowlife or capital none

Isn't that supposed to be hand delivered or sent registered?

 

Also I am pretty sure they have nothing to back up their claim as they offered me 85% discount last year.


Rughead121

 

Easy as 3.14159265358979323846

Share this post


Link to post
Share on other sites

If you are sure it's SB then tell them. ;)

 

The onus is on them to prove otherwise.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Definitely send the statute barred letter and the quicker you do it the better. Lowells have become extremely aggressive of late.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

statute barred

 

if you've got the agreement and the statements i'd reclaim that PPI

 

that'll upset them [well another 2 words but i'm siteteam!!]

 

dx


..

Share this post


Link to post
Share on other sites

Thanks for the replies, SB it is then.

 

@dx100uk, I would love to reclaim the PPI and hit them about illegal charges but I er kind of had a BBQ with the paperwork

 

Can you guys have a look over the following draft and make sure everything is ok?

 

Dear Lowlife

 

Acc/Ref No

 

I do not acknowledge any debt with your Company

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully


Rughead121

 

Easy as 3.14159265358979323846

Share this post


Link to post
Share on other sites

That'll do yes.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

Hello and thanks for reading.

 

I have received a claim form from Bryan Carter for an old debt that is at least 11 years old.

 

I have not made a payment or acknowledged this debt since 2002.

 

About 6 months ago I sent the 'prove it' letter. a

nd the sent me a huge print out that showed no payments ever made since 2002.

 

They also sent the original agreement with Capital One.

 

I then sent the SB letter and heard nothing else for a few months

 

but the standard threat-o-gram letters started again last month which I just filed in the log burner.

 

Now today I have received A County Court claim for 1693.94.

Not bad for an original debt of just over £200

 

I really need some help here, how should I respond?


Rughead121

 

Easy as 3.14159265358979323846

Share this post


Link to post
Share on other sites

dig out a copy of the statute barred letter and resend it telling them that you will defend a

s an unenforceable debt, using the court process as harassment and abuse of process.

 

In your acknowledgement of service write a summary of defence that the debt is statute barred

and the claim is an abuse of process and should be struck out on that basis.

 

You may need to get another form to have it struck out before a hearing

so find out the cost of this and tell Lowells that you will be counterclaiming for those costs

or pursuing them separately for your costs.

Share this post


Link to post
Share on other sites

Hi Guys,

 

Can someone tell me if I can claim this agreement does not contain all the Prescribed Terms?


Rughead121

 

Easy as 3.14159265358979323846

Share this post


Link to post
Share on other sites

matters not

 

the debt is statute barred

 

cca or no CCA ...an absolute defence.

 

dx


..

Share this post


Link to post
Share on other sites

Just a quick update,

 

Looks like they have thrown in the towel.

 

I had a letter from court with one line: This case has been discontinued/written off.

 

I will confirm this as I have had no copy of notice of discontinuation (no shock there)

 

Thanks to all who offered advice :)


Rughead121

 

Easy as 3.14159265358979323846

Share this post


Link to post
Share on other sites

hey great result!

 

now get that PPI back!

 

dx


..

Share this post


Link to post
Share on other sites

Excellent news just before crimbo too! Well done...


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...